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James v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 2003
307 A.D.2d 564 (N.Y. App. Div. 2003)

Opinion

93183

Decided and Entered: July 17, 2003.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Steven James, Malone, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent.

Before: Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits assault on an inmate. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Harding v. Selsky, 295 A.D.2d 666).

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur.

ADJUDGED that the petition is dismissed, as moot, without costs.


Summaries of

James v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 2003
307 A.D.2d 564 (N.Y. App. Div. 2003)
Case details for

James v. Goord

Case Details

Full title:In the Matter of STEVEN JAMES, Petitioner, v. GLENN S. GOORD, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 17, 2003

Citations

307 A.D.2d 564 (N.Y. App. Div. 2003)
762 N.Y.S.2d 298